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§ 1297.90.Request For Interim Measures Not Incompatible With Agreement

Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration · Article 3. Court-Ordered Interim Measures · Last amended 2025 · Last verified July 29, 2026

In one sentenceSection 1297.90 establishes that it is not inconsistent with an arbitration agreement for a party to ask a superior court, before or during the arbitration, for an interim measure of protection, or for the court to grant one, so seeking provisional court relief does not undercut the parties' commitment to arbitrate.

Full Text of § 1297.90

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It is not incompatible with an arbitration agreement for a party to request from a superior court, before or during arbitral proceedings, an interim measure of protection, or for the court to grant such a measure.

Plain-English Summary

This section heads off an argument that could otherwise gut interim relief in international arbitration: that going to court for provisional protection is somehow inconsistent with, or a waiver of, the agreement to arbitrate. The Legislature says plainly that it is not. A party can ask a superior court -- before the arbitration starts or while it is underway -- for an interim measure of protection, and the court can grant one, without either side's request or the court's action calling the arbitration agreement into question.

That assurance matters because interim relief often has to move faster than an arbitral tribunal can be assembled, or needs enforcement tools -- like attachment or contempt -- that only a court can wield. Without this section, a party worried about waiver might hesitate to seek urgent protection, risking real losses while the arbitration gets organized. This section removes that hesitation as a matter of law.

Frequently Asked Questions

Does asking a court for interim relief waive the right to arbitrate?

No -- Section 1297.90 says seeking or obtaining court-ordered interim measures is not incompatible with an arbitration agreement.

Can a party seek interim protection from a court before the arbitration even begins?

Yes -- the section covers requests made before or during the arbitral proceedings.

Why does it matter that this rule exists separately from the arbitration agreement itself?

Because it removes any doubt that going to court for urgent, provisional relief undermines the parties' underlying commitment to arbitrate the dispute itself.

Amendment History

Amended by Stats 2024 ch 90 (AB 1903),s 5, eff. 1/1/2025.(Amended article heading.) Renumbered from Ca. Civ. Proc. Code § 1297.91 and amended by Stats 2024 ch 90 (AB 1903),s 6, eff. 1/1/2025.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: interim measures not incompatible with arbitrationprovisional relief international arbitration california